Kakkappan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Kakkappan ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to rectify the mistake in Patta No.89 in respect of S.F.Nos.119/3, 185/4 and transfer the patta in the name of the petitioner from his brother's name in S.F.Nos.102/6 and 102/9 with an extent of 0.64.00 hectares in Poovanthi Group, Thiruppuvanam 1/4

Taluk, Sivagangai District, in the light of the Civil Court's judgment in O.S.No.115 of 2016, dated 16.02.2017, passed by the Principal District Munsif Court, Manamadurai, by considering the petitioner's representation dated 13.09.2021.

For Petitioner :

Mr.R.Paranjothi For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to rectify the mistake in Patta No.89 in respect of S.F.Nos.119/3 and 185/4 and transfer the Patta in the name of the petitioner from his brother's name in S.F.Nos.102/6 and 102/9, measuring an extent of 0.64.00 hectares, at Poovanthi Group, Thiruppuvanam Taluk, Sivagangai District, in the light of the Civil Court's judgment in O.S.No.115 of 2016, dated 16.02.2017, passed by the Principal District Munsif Court, Manamadurai, by considering the petitioner's representation dated 13.09.2021.

2. When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents submitted that 2/4

the petitioner died and therefore, no enquiry was conducted upon the representation made by the petitioner.

3. In view of the above, this Writ Petition is closed as abated. If the legal heirs of the petitioner approach the fourth respondent with a fresh application, the same shall be considered on its own merits and in accordance with law. No costs.

NCC : Yes/No 20.11.2023 Index : Yes/No SMN2 To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

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N.ANAND VENKATESH, J.

SMN2 20.11.2023 4/4